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Yenne-Tully v. Workers' Safety and Compensation Division9/29/2000
Examiner correctly applied the similar burden of proof from Wyo. Stat. Ann. § 27-14-605 (Lexis 1999). In a prior decision applying the second compensable injury rule, we held that the claimant need not comply with the provisions of § 27-14-605, because the case is not actually being reopened. Casper Oil Co. v. Evenson, 888 P.2d at 225. Our rationale was:
Wyo. Stat. § 27-14-605 applies to original benefits awarded after a determination in favor of the employee. Medical benefits and temporary total disability benefits awarded at a later date pursuant to the second compensable injury rule are not among the benefits the statute controls. Id.
Finding that same reasoning applicable here, we hold that the Hearing Examiner incorrectly applied the burden of proof imposed by § 27-14-605.
Having determined that the Hearing Examiner invoked the inappropriate burdens of proof, it is of no consequence whether those burdens were met. The decision of the Hearing Examiner is reversed, and the case is remanded to the Office of Administrative Hearings for reconsideration in light of the second compensable injury rule.
(c) A claim for medical benefits which would otherwise be terminated under subsection (b) of this section and barred under W.S. 27-14-503(a) and
(b) may be paid by the division if the claimant:
(i) Submits medical reports to the division substantiating his claim;
(ii) Proves by competent medical authority and to a reasonable degree of medical certainty that the condition is directly related to the original injury ; and
(iii) Submits to an examination by a health care provider se- lected by the division and results of the examination validate his claim.
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